Kenneth Rosellini v. Gary Wilcox, et al
| KENNETH J. ROSELLINI |
| GARY WILCOX, In his individual and official capacity, HON. FRANK J. LAROCCA, In his individual capacity and official capacity, MICHAEL DOBLIN, DDS, In his official capacity, JUDGE EDWARD V. TORACK, In his individual capacity, MARIE E. LIHOTZ, In her individual capacity, HANY MAWLA, In his inidvidual and official capacity, MARIE P. SIMONELLI, In her individual and official capacity, STUART RABNER, In his individual and official capacity, CARMEN DIAZ-PETTI, In her official capacity, SUPREME COURT OF NEW JERSEY DISTRICT XI ETHICS COMMITTEE, NORMAN I. KLEIN, In his official capacity and ROBERT C. PAPA, In his official capacity |
| 22-2610 |
| August 31, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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| Filing 13 ECF FILER: Concise Summary of the Case filed by Appellant Kenneth J. Rosellini. [22-2610] (KJR) [Entered: 10/02/2022 12:49 PM] |
| Filing 12 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Kenneth J. Rosellini. [22-2610] (KJR) [Entered: 10/02/2022 11:28 AM] |
| Filing 11 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Kenneth J. Rosellini advising this court that no transcripts are available. [22-2610] (KJR) [Entered: 10/02/2022 10:48 AM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Kenneth Rosellini on behalf of Appellant(s) Kenneth Rosellini. [22-2610] (KJR) [Entered: 10/01/2022 02:06 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Barkha Patel on behalf of Respondents Gary Wilcox, et al. [22-2610] (BP) [Entered: 09/16/2022 12:19 PM] |
| Filing 8 FOLLOW UP LETTER to Jared M. Lans, Esq., Phoenix N. Meyers, Esq., Barkha Patel, Esq. and Scott B. Piekarsky, Esq. requesting the following document(s): Appearance Form on or before 09/30/2022. (CJG) [Entered: 09/16/2022 11:12 AM] |
| Filing 7 FOLLOW UP LETTER to Kenneth J. Rosellini, Esq. requesting the following document(s): Information Statement, Concise Summary and Transcript Purchase Order on or before 09/30/2022. (CJG) [Entered: 09/16/2022 11:10 AM] |
| Filing 6 ECF FILER: Response filed by Appellant Kenneth J. Rosellini to advising of possible dismissal. Certificate of Service dated 09/15/2022. [22-2610] (KJR) [Entered: 09/15/2022 06:34 PM] |
| Filing 5 ECF FILER: Response filed by Appellees Norman I. Klein, Marie E. Lihotz, Judge Hany Mawla, Robert C. Papa, Stuart Rabner, Marie P. Simonelli, Supreme Court of New Jersey District XI Ethics Committee, Edward V. Torack and Gary Wilcox to Clerk Order. Certificate of Service dated 09/12/2022. [22-2610] (BP) [Entered: 09/12/2022 04:51 PM] |
Filing 4
ORDER (Clerk) The Clerk's Order issued August 31, 2022, is amended as follows: Appellant seeks review of the District Court's orders entered October 14, 2021, and July 28, 2022, dismissing claims against some, but not all, defendants and denying a motion to vacate. Although the District Court subsequently dismissed the remaining claims in the Appellant's complaint, come claims were dismissed without prejudice and Appellant was granted leave to file an amended complaint. For that reason, the orders on appeal may not be final within the meaning of 28 U.S.C. Section 1291 or otherwise appealable at this time. See Berckeley Inv. Grp., Ltd., v. Colkitt, 259 F. 3d 135, 140 (3d Cir. 2001) ("Ordinarily, an order which terminates fewer than all claims, or claims against fewer than all parties, does not constitute a 'final' order."); see also Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) ("Generally, an order which dismisses a complaint without prejudice is neither final nor appealable."); Weber v. McGrogan, 939 F. 3d 232, 237-41 (3d Cir. 2019) (dismissal without prejudice and with leave to amend is not final order). All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (TMM) [Entered: 09/01/2022 08:45 AM]
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Filing 3
ORDER (Clerk) Appellant seeks review of the District Courts orders entered July 28, 2022, and October 14, 2021. The orders on appeal dismiss several counts of the complaint without prejudice and provide Appellant leave to file an amended complaint. Appellant filed an amended complaint on August 29, 2022. The orders appealed may not be final within the meaning of 28 U.S.C. 1291 or otherwise appealable at this time. See Borelli v. City of Reading, 532 F.2d 950, 95152 (3d Cir. 1976); see also Weber v. McGrogan, 939 F.3d 232, 23741 (3d Cir. 2019). All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (SB) [Entered: 08/31/2022 09:51 AM]
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| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 08/31/2022 09:50 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Kenneth J. Rosellini in District Court No. 2-20-cv-20101. (SB) [Entered: 08/31/2022 09:46 AM] |
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